Josep Montefusco specialises in litigation and intellectual property, unfair competition and advertising law, especially in the healthcare, TMT and automotive sectors.
Josep has experience in patent and trademark litigation, including applications for preliminary injunctions and all kinds of proceedings on the merits. Josep also represents clients in damages claims following the revocation of preliminary injunctions.
Josep lectures at several prestigious Spanish universities and education centres like ESADE, ISDE, the University of Alicante, the Autonomous University of Barcelona and the Barcelona Bar Association- ICAB.
- A multinational firm in the pharmaceutical sector on a variety of pre-litigation and litigation matters related to the industrial property rights protecting some of its most important medicinal products
- A variety of multinational firms in the pharmaceutical sector on their defence in claims for damages derived from the imposition of preliminary injunctions
- A multinational firm operating in the large-scale consumption sector on several proceedings related to its advertising activities heard by the Autocontrol Advertising Jury
- A multinational firm in the technological sector on the day-to-day matters related to its commercial and advertising activities and its industrial property rights
News and client work
Josep regularly publishes articles in specialised journals and participates in seminars, conferences, and courses on procedural law, advertising and unfair competition, litigation, and intellectual property.
- "The never-ending story: The Court of Justice of the European Union faces a new wave of referrals on the regulation concerning supplementary protection certificates for medical products"
Global Intellectual Property Newsletter- March 2017
- "Spain starts paving the way for the transposition of the new European Trade Marks Directive"
Global Intellectual Property Newsletter - November 2016
- "I am sorry, you were too late": Barcelona Commercial Court refuses to grant an ex parte injunction applied for shortly before the opening of the Mobile World Congress"
Global Intellectual Property Newsletter - September 2016
- "Locus standi to claim damages in IPR infringement proceedings: Anyone else on top of the right holder?"
Global Intellectual Property Newsletter- January 2015
- "Damages claims following lifted preliminary injunctions: uncertainty will remain for some time at least"
Global Intellectual Property Newsletter- October 2013
Career and qualifications
- Pompeu Fabra University (Economics) 1996
- Pompeu Fabra University (Law) 2000
- Admitted as an abogado in Barcelona 2001
- Joined Clifford Chance 2001
- Partner since 2017
Awards and citations
- Notable Practitioner
Josep Montefusco acts on both domestic and cross-border patent proceedings, covering infringement and enforcement matters, as well as SPC revocation mandates. One client describes him as "very clear in his thinking and very approachable."
Chambers Europe 2020: Spain – Life Sciences: Patent Litigation
Who's Who Legal 2020: Life Sciences – Patent Litigation
- Ranked as Up and Coming: "Josep Montefusco has strong experience in life sciences disputes. He focuses on intellectual property and unfair competition issues. According to sources, "he is on the front line, very strong in patent litigation and handles damages claims very well"
Chambers Europe 2017, Life Science - Patent Litigation
- Ranked as Tier 1
Legal 500 2017, Intellectual Property: Patent Litigation
- Listed in Who's Who Legal: Life Sciences - Patent Litigation section
- Listed in the 2016 edition of WTR 1000 – The World's Leading Trademark Professionals: "Josep Montefusco is practical and knows that it is not always best to go down the litigation route. He is really approachable and easy to access". He focuses on the healthcare, life sciences and automotive sectors; recent highlights include acting for Honda in Community trademark infringement proceedings".
- Managing Intellectual Property Magazine, IP Stars: "Regarding the general IP advice and litigation services at the firm, one client says: “They are flexible and efficient, with a wealth of industry knowledge. It is easy to work with Miquel Montañá and Josep Montefusco. Clifford Chance provides second to none legal advice with a human touch and tailor-made approach to company needs.” Another client commends practitioners at the firm for offering advice of a “high technical level and huge expertise regarding patent litigation”: “They are the best patent litigation lawyers in Spain and smart strategists.”
- Intellectual Asset Management Magazine since 2012 under the sections "The World's Leading Patent Litigators"/"The World's Leading Patent Professionals" - Spain Tier 1: 2016- "Chemistry and life sciences spark. Josep Montefusco also comes recommended by patrons, who find him "extremely professional".